People v. Basuta

In People v. Basuta (2001) 94 Cal.App.4th 370, there was a genuine issue as to the cause of the child's death as to whether the child's prior brain injury -- inflicted by the boy's mother -- had rendered him susceptible to a fatal injury as a result of minor trauma. Thus, the evidence of the mother's conduct went directly to the issue of which person was culpable for the child's death. "The medical evidence in this case was conflicting and, given evidence of an earlier brain injury, allowed for multiple possible causes of Oliver's death." ( Id. at p. 387.)